SECTION 2.10. Audit and Non-Compliance

(a) Board Staff reserves the right to audit an institution's program at any time to ensure compliance with the provisions of this chapter.

(b) If Board Staff determines that any institution is in non-compliance with the terms of its approval; has otherwise failed to seek approval required by §2.9 for a revision or modification; or is in violation of statute or Board rule governing program operation or approval; Board Staff shall:

(1) Provide notice to the institution of alleged non-compliance related to the program at issue;

(2) Provide the institution not more than one year to remedy the violation by achieving compliance with the approval, statute, or rule, by means acceptable to the Commissioner;

(3) At the end of one-year, if the institution has not achieved compliance acceptable to the Commissioner, Board Staff shall request that the Board authorize issuance of a show cause letter to the institution requiring the institution to show cause why the Board shall not recommend closure of the program and teach out.

(c) Program Closure and Teach-Out. If Board Staff determines that a program is in non-compliance or fails to satisfy all contingencies and conditions of its approval after responding to the show cause notice in subsection (b) of this section, Board Staff may notify the institution of:

(1) the actions necessary for the institution to receive the required approvals or meet the conditions; or

(2) that Board Staff recommends closure of the program.

(d) If the institution where the program is located wishes to close the program, the institution shall follow the procedures in subchapter H of this chapter.

(e) If the institution chooses not to follow the recommendation, the Board may request that Board Staff send the recommendation for closure to the governing board of the institution.

Source Note: The provisions of this §2.10 adopted to be effective November 28, 2022, 47 TexReg 7875